Statutes, codes, and regulations
Wyoming Administrative Code
Agency 006 - Administration & Information, Dept. ofSubagency 0010 - Human Resources Division
Chapter 6 - LEAVE
Section 6-16 - Family and Medical Leave Act (FMLA)

006-6 Wyo. Code R. § 6-16

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Current through April 27, 2019
Section 6-16 - Family and Medical Leave Act (FMLA)

(a) The Family and Medical Leave policy of the State of Wyoming shall be in accordance with and except as specified no more stringent than the provisions of Family and Medical Leave Act of 1993, Public Law 103-3 (Feb 5, 1993), 107 Stat. 6 ( 29 U.S.C. 2601 et seq., as amended).

(b) State Agencies are covered employers without regard to the number of employees employed.

(c) In all instances, the twelve (12) month period shall begin when leave is first used.

(d) Paid Leave. The FMLA leave period shall include the employee's accrued sick leave, vacation leave, accrued compensatory time leave, other available leave, and any donated sick leave allowed.

(e) Where two spouses are employed by the State of Wyoming their aggregate leave will be limited to the amount allowed by law.

(f) Leave without Pay. If an employee's accrued paid leave is less than the total FMLA entitled workweeks, the time remaining shall be taken as unpaid FMLA leave. Any leave without pay in excess of the total FMLA entitled workweeks maximum shall be at the discretion of the agency head per Chapter6, Section 14, Leave without Pay:

  • (i) An employee whose work-related illness or injury meets the criteria for a serious health condition and is receiving paid workers compensation benefits the absence shall be counted against the FMLA leave entitlement and shall not be allowed to use paid leave;
  • (ii) An employee on unpaid FMLA leave during a holiday shall not receive paid holiday leave.

(g) Certification. An agency shall require a medical certification from a health care provider for an employees serious health condition or the employees covered family member with a serious health condition, or to care for a covered service member with a serious injury or illness or the appropriate certification for leave taken because of a qualifying exigency

(h) Agency requirements:

  • (i) Agencies shall comply with all requirements of the law and these rules and shall provide written notice detailing the specific expectations and obligations of the employee and explain any consequences of a failure to meet the obligations;
  • (ii) In all circumstances, the agency head or human resource office shall be responsible in designating leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. In the case of intermittent leave or leave on a reduced schedule, only one such notice is required unless the circumstances regarding the leave have changed.

(i) Notice of leave:

  • (i) An employee shall give thirty (30) days notice to the agency prior to the date the leave is to begin;
  • (ii) The employee shall advise their immediate supervisor as soon as possible and practicable if dates of scheduled leave change or are extended, or were initially unknown;
  • (iii) The agency head or Human Resource office shall determine the actual date on which an employee's FMLA leave commences;
    • (A) An employee shall provide sufficient information for the Agency to reasonably determine whether the FMLA may apply to the leave request.

(j) Denial of FMLA leave. Prior to denial of FMLA leave, the agency shall submit to the Human Resources Division a written request for approval of such denial.

(k) Time elapsed while an employee is on paid FMLA shall be considered hours worked.

(l) Time elapsed while an employee is on unpaid FMLA shall be included in calculating the total number of months of continuous service and shall not be considered time worked for purposes of accrual of any leave or other benefits.

(m) Does Not Return to Work. If an employee does not return to work following unpaid FMLA leave for a reason other than:

  • (i) The continuation, recurrence, or onset of a serious health condition which would entitle them to FMLA leave; or
  • (ii) Other circumstances beyond their control, the employee shall be required to reimburse the State for any portion of health insurance premiums paid on behalf of the employee during unpaid FMLA leave;
  • (iii) An employee who returns to work for a period of at least five (5) days is viewed as meeting the return to work requirement.

006-6 Wyo. Code R. § 6-16

Adopted, Eff. 1/28/2015.